DISTRICT COURT EAGLE COUNTY, STATE OF81632 | 07/09/2020 | Ad id: 8-0000582958-01
EAGLE COUNTY, STATE OF COLORADO
885 Chambers Ave.
P.O. Box 597
Eagle, CO 81631
Case Number: 2020 CV 030031
Plaintiff: Marriott Ownership Resorts, Inc., a Delaware corporation
Defendants: Sergio Alardin Azuara, et al.
SHERIFF'S COMBINED NOTICE OF SALE AND RIGHT TO CURE and/or REDEEM
SALE NO. 20-000231
Under the Amended Judgment and Decree entered against defendants Estate of Larry G. Swenson and Candee A. Swenson on April 29, 2020, in the above-entitled action, I am ordered to sell the following property:
A Time-Span Estate consisting of Time-Span Estate No. 32 in Unit No. 5203 of designated season Special, of Evergreen at Streamside, a Condominium established pursuant to the Colorado Condominium act (C.R.S. 38-33-101, et Seq.) and submitted by Condominium and Time Share ownership Declaration for Evergreen at Streamside Condominiums, recorded July 23, 1991, in Book 558 at Page 384 of the Records of the Clerk and Recorder of Eagle County, Colorado and as described on the Condominium Map for Evergreen at Streamside Condominiums recorded July 23, 1991 in Book 558 at Page 383 of the Records of the Clerk and Recorder of Eagle County, Colorado.
The Judgment and Decree directs me to foreclose on the following lien: Notice of Assessment Lien recorded on April 29, 2019, at Reception No. 201905785 of the records of the Clerk and Recorder in Eagle County, Colorado, and to apply the proceeds as directed in the Judgment and Decree.
The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold. The outstanding balance due and owing on such judgment as of April 29, 2020, is detailed below:
$5,652.53 representing: $4,445.76 for delinquent condominium assessments, $323.77 in costs, and $883.00 for attorneys' fees, plus interest to be accrued on the judgment at the rate of 18% per annum.
If you are the owner of the real property, or if you are a person who might be liable on the indebtedness secured by the assessment lien, you may have certain statutory rights to cure. Such rights are provided to you under Colo. Rev. Stat. §38-37-108, §38-38-103 and §38-38-104, and Colo. Rev. Stat. §38-38-301, §38-38-304, §38-38-305 and §38-38-306.
If the sale date is continued to a later date, the deadline to file a notice of intent to cure by those parties entitled to cure may also be extended.
In order to exercise these rights, you must comply with the provisions of the statutes. In the event of any conflict between this notice and the statutes, the statutes are controlling. Therefore, you may wish to read the statutes and consult an attorney of your choice. Intent to cure or redeem as provided by the aforesaid laws must be directed to or conducted at the office of the Sheriff for Eagle County, Civil Division; 885 East Chambers Road, Eagle, Colorado 81631.
If the borrower believes that a lender or servicer has violated the requirements for a single point of contact in section 38-38-103.1 or the prohibition on dual tracking in section 38-38-103.2, the borrower may file a complaint with the Colorado attorney general, the CFPB, or both, but the filing of a complaint will not stop the foreclosure process.
Colorado Attorney General
1300 Broadway, 10th Floor
Denver, Colorado 80203
Federal Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the defendant in said property on September 4th 2020, at 9:00 a.m. at the Office of the Eagle County Sheriff, 0885 East Chambers Avenue, Eagle, Colorado 81631.
NOTICE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
DATED this 18th day of May, 2020.
JAMES VAN BEEK
Sheriff of Eagle County, Colorado
By: Deputy Sheriff
Cheryle A.K. Woolsey
Larsen Lynch May LLC
Diane R. Larsen #11349
175 Main Street; Unit C-104
Edwards, CO 81632
Email: Email Me
ATTORNEY FOR PLAINTIFF
Published in the Eagle Valley Enterprise
First Publication: July 9th, 2020.
Last Publication: August 6th, 2020.